Recep Cigdem - Academia.edu (original) (raw)
Papers by Recep Cigdem
Selçuk Üniversitesi Hukuk Fakültesi dergisi, Jun 21, 2004
Erciyes Üniversitesi Hukuk Fakültesi Dergisi, Dec 31, 2017
İnsanlık, bireylerden, aileye; aileden kabile ve aşirete; kabileden de devlete evrilmiştir. Hukuk... more İnsanlık, bireylerden, aileye; aileden kabile ve aşirete; kabileden de devlete evrilmiştir. Hukuk bunun her aşamasında var olmuş ve fonksiyonlarını icra etmiştir. Ancak, devlete geçme aşamasında, kabilelerinkendi hukuk anlayışlarını terk etmek istememesi ciddi sıkıntıları beraberinde getirmiştir. Özellikle ceza hukuku alanında zaman zaman sıkıntılar yaşanmıştır. Ülkemizde, özellikle töre/namus cinayetlerinde, aşiretin verdiği kararlar sonucu kadınların öldürüldüğüne şahitlik edilmektedir. Kan davaları kabile ve aşiret anlayışının diğer bir tezahürüdür. Biz bu çalışmamızda, yargı ve medyaya yansıyan aşiret kararları sonucu namus cinayetlerini Türk ve İslam ceza hukuku perspektifinden ele alacağız. Özel hukuk alanında aşiret ve cemaat hukuk anlayışının olumlu katkıları ise konumuz sınırlarını aştığından inceleme dışı bırakılacaktır. Umarız bu çalışma aşiretlerin anlaşılmasına katkı sağlar.
Acta orientalia Academiae Scientiarum Hungaricae (Print), Sep 1, 2011
This is a study of cannibalism in the light of a case from the Ottoman law court of Sofia. To giv... more This is a study of cannibalism in the light of a case from the Ottoman law court of Sofia. To give the reader a historical background, first a short history of cannibalism will be given, then the approach of the Muslim jurists to the relation between the sanctity of human flesh and its consumption during the condition of dire necessity will be investigated. This article will hopefully contribute to a better understanding of the rare case of cannibalism in Islamic environment.
Ankara Üniversitesi Hukuk Fakültesi Dergisi, 2004
This article examines four cases from the judicial records of Bakchisary/Criema. In order to be a... more This article examines four cases from the judicial records of Bakchisary/Criema. In order to be able to establish the theoretical basis of the cases, legal doctrines are summarised paying particular attention to the principles of Hanafi law. The main purpose of this article is to compare the legal content of the cases with the Hanafi doctrines. Social relations in the society as reflected in the cases are also examined.
Bulletin of the John Rylands Library, Mar 1, 2006
Ankara Üniversitesi Hukuk Fakültesi Dergisi, 2007
In this article, the Islamic concept of sariqa (theft), a crime against property, will be examine... more In this article, the Islamic concept of sariqa (theft), a crime against property, will be examined. To give the reader a legal background, a summary of the legal doctrines will be given. The question of whether the "hadd" punishments were enforced will be closely examined in the light of judicial records. ÖZET Bu çalışmada, mala karşı işlenen bir suç olan hırsızlık konsepti ele alınacaktır. Okuyucuya, hukuksal arka plan hakkında bilgi vermek amacıyla bu konu hakkındaki hukuk doktrinlerinin bir özeti verilecektir. Had cezalarının uygulanıp uygulanmadığı sorusu, mahkeme kayıtları ışığı altında dikkatlice incelenektir.
Acta orientalia Academiae Scientiarum Hungaricae (Print), Mar 1, 2015
This article examines interfaith marriage in different cultures focusing on Islamic law. The mode... more This article examines interfaith marriage in different cultures focusing on Islamic law. The modern approach to this social phenomenon is also studied. In order to provide the reader with the legal background, juristic approaches to interfaith marriage are highlighted. Some court cases as well as the universal declaration of human rights and the Cairo declaration of Islamic human rights are examined for this purpose. The article aims at giving a broader perspective on interfaith marriage.
Selçuk Üniversitesi Hukuk Fakültesi dergisi, Dec 25, 2008
This paper examines the concept of qadhf/defamation in the light of the judicial registers of the... more This paper examines the concept of qadhf/defamation in the light of the judicial registers of the Bakhchisaray (Crimea) 1 and various Istanbul law-courts. To give the reader a legal and historical background, it gives a summary of the Sunni legal doctrines. I hope this study contributes to our understanding of Sunni Islamic law and the application of the law in the qadi courts.
Russian History-histoire Russe, 2011
Th is article examines two yarlıks about the taxation issued by the governor of autonomous Crimea... more Th is article examines two yarlıks about the taxation issued by the governor of autonomous Crimea in June 1609. Two other documents about a female slave dated June 1677 involving the dignitaries of Crimea are also examined. Th e main aim of this work is to fi nd out whether or not the provisions of the statutes (kanun) of the mainland, Istanbul, were also applied in other autonomous provinces. Th is article tries to shed light on tax regulations in diff erent parts of the Ottoman Empire and to contribute to our understanding of yarlıks. Th e Crimean khanate which was established as an independent state around 1420 became a vassal state of the Ottoman empire in 1475 when Mengli Giray recognized Sultan Mehmet II as his suzerain. A Crimea-Muscovy alliance supported by the Ottomans led to the emergence of the Muscovite state as the dominant power in the region. Th e Russians and the Ottomans had peaceful relations until the middle of the 17 th century. From that time onwards, confl icts started to appear and led Russia to invade and annex the Crimea. Although khans were appointed and dismissed by the Ottoman sultans, they were able to maintain independent judicial and fi nancial institutions. Th e judges were appointed and dismissed by the military judge of the Crimea. Th e shari'a courts and the diwan (council) were the two main bodies of the judicial system. Th e trials were conducted by a single qadi/judge in the shari'a courts. Although litigants or defendants had the right to apply to the diwan to review his/ her case, the system of appeal in the modern sense was not recognized. Islamic law, custom and the statutory laws constituted the law of the Crimea. In cases of contradiction between custom and governmental orders, custom would prevail. Certain fi scal laws that applied in the mainland of the Ottoman empire were not in practice in the Crimea.
It is worth mentioning at the outset that the court was headed by a single qadi who had two prima... more It is worth mentioning at the outset that the court was headed by a single qadi who had two primary assistants, namely a clerk and a Muhzır (summoner). Furthermore, he had shuhud al-hal who witnessed the proceedings of the court and ensured its fairness and justice. The presence of shuhud al-hal in each case indicates that no procedure of the court took place without their attendance. In other words, the qadi did not see the cases without the presence of several witnesses. Our examination of different registers suggests that there were several men who regularly attended the court as shuhud al-hal. In some cases,
Selcuk Universitesi Hukuk Fakultesi Dergisi, 2008
This paper examines the concept of qadhf/defamation in the light of the judicial registers of the... more This paper examines the concept of qadhf/defamation in the light of the judicial registers of the Bakhchisaray (Crimea) 1 and various Istanbul law-courts. To give the reader a legal and historical background, it gives a summary of the Sunni legal doctrines. I hope this study contributes to our understanding of Sunni Islamic law and the application of the law in the qadi courts.
Acta Orientalia Academiae Scientiarum Hungaricae, 2015
This article examines interfaith marriage in different cultures focusing on Islamic law. The mode... more This article examines interfaith marriage in different cultures focusing on Islamic law. The modern approach to this social phenomenon is also studied. In order to provide the reader with the legal background, juristic approaches to interfaith marriage are highlighted. Some court cases as well as the universal declaration of human rights and the Cairo declaration of Islamic human rights are examined for this purpose. The article aims at giving a broader perspective on interfaith marriage.
Ankara Üniversitesi Hukuk Fakültesi Dergisi, 2007
In this article, the Islamic concept of sariqa (theft), a crime against property, will be examine... more In this article, the Islamic concept of sariqa (theft), a crime against property, will be examined. To give the reader a legal background, a summary of the legal doctrines will be given. The question of whether the "hadd" punishments were enforced will be closely examined in the light of judicial records. ÖZET Bu çalışmada, mala karşı işlenen bir suç olan hırsızlık konsepti ele alınacaktır. Okuyucuya, hukuksal arka plan hakkında bilgi vermek amacıyla bu konu hakkındaki hukuk doktrinlerinin bir özeti verilecektir. Had cezalarının uygulanıp uygulanmadığı sorusu, mahkeme kayıtları ışığı altında dikkatlice incelenektir.
Russian History, 2011
This article examines two yarlıks about the taxation issued by the governor of autonomous Crimea ... more This article examines two yarlıks about the taxation issued by the governor of autonomous Crimea in June 1609. Two other documents about a female slave dated June 1677 involving the dignitaries of Crimea are also examined. The main aim of this work is to find out whether or not the provisions of the statutes (kanun) of the mainland, Istanbul, were also applied in other autonomous provinces. This article tries to shed light on tax regulations in different parts of the Ottoman Empire and to contribute to our understanding of yarlıks. The Crimean khanate which was established as an independent state around 1420 became a vassal state of the Ottoman empire in 1475 when Mengli Giray recognized Sultan Mehmet II as his suzerain. A Crimea-Muscovy alliance supported by the Ottomans led to the emergence of the Muscovite state as the dominant power in the region. The Russians and the Ottomans had peaceful relations until the middle of the 17th century. From that time onwards, conflicts started ...
Acta Orientalia, 2010
... for Zayd who raped Hind without marriage contract, Abūssuud answers if he is Muḥṣan, he is ... more ... for Zayd who raped Hind without marriage contract, Abūssuud answers if he is Muḥṣan, he is to be killed (Düzdağ 1972, p ... quarter, from the just Muslims and the trustworthy monotheists, Salih çavuş b. Mehmed and Mehmed bey b. Hüseyin and Mustafa b. Ahmed and Su ...
Selçuk Üniversitesi Hukuk Fakültesi dergisi, Jun 21, 2004
Erciyes Üniversitesi Hukuk Fakültesi Dergisi, Dec 31, 2017
İnsanlık, bireylerden, aileye; aileden kabile ve aşirete; kabileden de devlete evrilmiştir. Hukuk... more İnsanlık, bireylerden, aileye; aileden kabile ve aşirete; kabileden de devlete evrilmiştir. Hukuk bunun her aşamasında var olmuş ve fonksiyonlarını icra etmiştir. Ancak, devlete geçme aşamasında, kabilelerinkendi hukuk anlayışlarını terk etmek istememesi ciddi sıkıntıları beraberinde getirmiştir. Özellikle ceza hukuku alanında zaman zaman sıkıntılar yaşanmıştır. Ülkemizde, özellikle töre/namus cinayetlerinde, aşiretin verdiği kararlar sonucu kadınların öldürüldüğüne şahitlik edilmektedir. Kan davaları kabile ve aşiret anlayışının diğer bir tezahürüdür. Biz bu çalışmamızda, yargı ve medyaya yansıyan aşiret kararları sonucu namus cinayetlerini Türk ve İslam ceza hukuku perspektifinden ele alacağız. Özel hukuk alanında aşiret ve cemaat hukuk anlayışının olumlu katkıları ise konumuz sınırlarını aştığından inceleme dışı bırakılacaktır. Umarız bu çalışma aşiretlerin anlaşılmasına katkı sağlar.
Acta orientalia Academiae Scientiarum Hungaricae (Print), Sep 1, 2011
This is a study of cannibalism in the light of a case from the Ottoman law court of Sofia. To giv... more This is a study of cannibalism in the light of a case from the Ottoman law court of Sofia. To give the reader a historical background, first a short history of cannibalism will be given, then the approach of the Muslim jurists to the relation between the sanctity of human flesh and its consumption during the condition of dire necessity will be investigated. This article will hopefully contribute to a better understanding of the rare case of cannibalism in Islamic environment.
Ankara Üniversitesi Hukuk Fakültesi Dergisi, 2004
This article examines four cases from the judicial records of Bakchisary/Criema. In order to be a... more This article examines four cases from the judicial records of Bakchisary/Criema. In order to be able to establish the theoretical basis of the cases, legal doctrines are summarised paying particular attention to the principles of Hanafi law. The main purpose of this article is to compare the legal content of the cases with the Hanafi doctrines. Social relations in the society as reflected in the cases are also examined.
Bulletin of the John Rylands Library, Mar 1, 2006
Ankara Üniversitesi Hukuk Fakültesi Dergisi, 2007
In this article, the Islamic concept of sariqa (theft), a crime against property, will be examine... more In this article, the Islamic concept of sariqa (theft), a crime against property, will be examined. To give the reader a legal background, a summary of the legal doctrines will be given. The question of whether the "hadd" punishments were enforced will be closely examined in the light of judicial records. ÖZET Bu çalışmada, mala karşı işlenen bir suç olan hırsızlık konsepti ele alınacaktır. Okuyucuya, hukuksal arka plan hakkında bilgi vermek amacıyla bu konu hakkındaki hukuk doktrinlerinin bir özeti verilecektir. Had cezalarının uygulanıp uygulanmadığı sorusu, mahkeme kayıtları ışığı altında dikkatlice incelenektir.
Acta orientalia Academiae Scientiarum Hungaricae (Print), Mar 1, 2015
This article examines interfaith marriage in different cultures focusing on Islamic law. The mode... more This article examines interfaith marriage in different cultures focusing on Islamic law. The modern approach to this social phenomenon is also studied. In order to provide the reader with the legal background, juristic approaches to interfaith marriage are highlighted. Some court cases as well as the universal declaration of human rights and the Cairo declaration of Islamic human rights are examined for this purpose. The article aims at giving a broader perspective on interfaith marriage.
Selçuk Üniversitesi Hukuk Fakültesi dergisi, Dec 25, 2008
This paper examines the concept of qadhf/defamation in the light of the judicial registers of the... more This paper examines the concept of qadhf/defamation in the light of the judicial registers of the Bakhchisaray (Crimea) 1 and various Istanbul law-courts. To give the reader a legal and historical background, it gives a summary of the Sunni legal doctrines. I hope this study contributes to our understanding of Sunni Islamic law and the application of the law in the qadi courts.
Russian History-histoire Russe, 2011
Th is article examines two yarlıks about the taxation issued by the governor of autonomous Crimea... more Th is article examines two yarlıks about the taxation issued by the governor of autonomous Crimea in June 1609. Two other documents about a female slave dated June 1677 involving the dignitaries of Crimea are also examined. Th e main aim of this work is to fi nd out whether or not the provisions of the statutes (kanun) of the mainland, Istanbul, were also applied in other autonomous provinces. Th is article tries to shed light on tax regulations in diff erent parts of the Ottoman Empire and to contribute to our understanding of yarlıks. Th e Crimean khanate which was established as an independent state around 1420 became a vassal state of the Ottoman empire in 1475 when Mengli Giray recognized Sultan Mehmet II as his suzerain. A Crimea-Muscovy alliance supported by the Ottomans led to the emergence of the Muscovite state as the dominant power in the region. Th e Russians and the Ottomans had peaceful relations until the middle of the 17 th century. From that time onwards, confl icts started to appear and led Russia to invade and annex the Crimea. Although khans were appointed and dismissed by the Ottoman sultans, they were able to maintain independent judicial and fi nancial institutions. Th e judges were appointed and dismissed by the military judge of the Crimea. Th e shari'a courts and the diwan (council) were the two main bodies of the judicial system. Th e trials were conducted by a single qadi/judge in the shari'a courts. Although litigants or defendants had the right to apply to the diwan to review his/ her case, the system of appeal in the modern sense was not recognized. Islamic law, custom and the statutory laws constituted the law of the Crimea. In cases of contradiction between custom and governmental orders, custom would prevail. Certain fi scal laws that applied in the mainland of the Ottoman empire were not in practice in the Crimea.
It is worth mentioning at the outset that the court was headed by a single qadi who had two prima... more It is worth mentioning at the outset that the court was headed by a single qadi who had two primary assistants, namely a clerk and a Muhzır (summoner). Furthermore, he had shuhud al-hal who witnessed the proceedings of the court and ensured its fairness and justice. The presence of shuhud al-hal in each case indicates that no procedure of the court took place without their attendance. In other words, the qadi did not see the cases without the presence of several witnesses. Our examination of different registers suggests that there were several men who regularly attended the court as shuhud al-hal. In some cases,
Selcuk Universitesi Hukuk Fakultesi Dergisi, 2008
This paper examines the concept of qadhf/defamation in the light of the judicial registers of the... more This paper examines the concept of qadhf/defamation in the light of the judicial registers of the Bakhchisaray (Crimea) 1 and various Istanbul law-courts. To give the reader a legal and historical background, it gives a summary of the Sunni legal doctrines. I hope this study contributes to our understanding of Sunni Islamic law and the application of the law in the qadi courts.
Acta Orientalia Academiae Scientiarum Hungaricae, 2015
This article examines interfaith marriage in different cultures focusing on Islamic law. The mode... more This article examines interfaith marriage in different cultures focusing on Islamic law. The modern approach to this social phenomenon is also studied. In order to provide the reader with the legal background, juristic approaches to interfaith marriage are highlighted. Some court cases as well as the universal declaration of human rights and the Cairo declaration of Islamic human rights are examined for this purpose. The article aims at giving a broader perspective on interfaith marriage.
Ankara Üniversitesi Hukuk Fakültesi Dergisi, 2007
In this article, the Islamic concept of sariqa (theft), a crime against property, will be examine... more In this article, the Islamic concept of sariqa (theft), a crime against property, will be examined. To give the reader a legal background, a summary of the legal doctrines will be given. The question of whether the "hadd" punishments were enforced will be closely examined in the light of judicial records. ÖZET Bu çalışmada, mala karşı işlenen bir suç olan hırsızlık konsepti ele alınacaktır. Okuyucuya, hukuksal arka plan hakkında bilgi vermek amacıyla bu konu hakkındaki hukuk doktrinlerinin bir özeti verilecektir. Had cezalarının uygulanıp uygulanmadığı sorusu, mahkeme kayıtları ışığı altında dikkatlice incelenektir.
Russian History, 2011
This article examines two yarlıks about the taxation issued by the governor of autonomous Crimea ... more This article examines two yarlıks about the taxation issued by the governor of autonomous Crimea in June 1609. Two other documents about a female slave dated June 1677 involving the dignitaries of Crimea are also examined. The main aim of this work is to find out whether or not the provisions of the statutes (kanun) of the mainland, Istanbul, were also applied in other autonomous provinces. This article tries to shed light on tax regulations in different parts of the Ottoman Empire and to contribute to our understanding of yarlıks. The Crimean khanate which was established as an independent state around 1420 became a vassal state of the Ottoman empire in 1475 when Mengli Giray recognized Sultan Mehmet II as his suzerain. A Crimea-Muscovy alliance supported by the Ottomans led to the emergence of the Muscovite state as the dominant power in the region. The Russians and the Ottomans had peaceful relations until the middle of the 17th century. From that time onwards, conflicts started ...
Acta Orientalia, 2010
... for Zayd who raped Hind without marriage contract, Abūssuud answers if he is Muḥṣan, he is ... more ... for Zayd who raped Hind without marriage contract, Abūssuud answers if he is Muḥṣan, he is to be killed (Düzdağ 1972, p ... quarter, from the just Muslims and the trustworthy monotheists, Salih çavuş b. Mehmed and Mehmed bey b. Hüseyin and Mustafa b. Ahmed and Su ...